***READ CAREFULLY BEFORE SIGNING***
WAIVER AND RELEASE OF LIABILITY PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK In consideration of the services of White Water Adventures Inc, White Water Rentals Inc, and White Water Adventures of Maryland, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "WWA"), I hereby agree to release, indemnify, and discharge WWA, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows: 1. I acknowledge that my participation in Guided River trips on Class I-V white water rapids, including inflatable kayaks, rafts, and bicycle activities entail known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: slips and falls; falling objects; collision with other participants, spectators, bicycles or objects; water hazards; accidental drowning; collision with fixed or movable objects or other rafts; capsize and entrapment; travel in remote areas; rapidly changing adverse weather and water conditions; watercraft are slippery when wet and accidents can occur getting in or out; damage to equipment or personal injury; forces of nature including extremes of weather, lightning and rapid weather changes; strong wind, cold, large waves, eddies, whirlpools, tidal conditions, surf and currents; whitewater rapids will be encountered and I can be jolted, jarred, bounced, and shaken about during rides through some of these rapids; rafts could turn over or I could be “washed” overboard resulting in having to swim rapids risking collision with rocks and entanglement in trees; exposure to temperature and weather extremes which could cause cold water shock, hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, and dehydration; bruises, abrasions, cuts and lacerations; musculoskeletal injuries including head, neck and back injuries; muscular soreness, tears, strains, sprains, dislocations, fractures or broken bones; equipment failure and/or operator error; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; aggressive and/or poisonous marine life; transmissible pathogen or disease; my own physical condition, and the physical exertion associated with this activity. Furthermore, WWA personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction. 2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. Additionally, I agree to wear a U.S. Coast Guard approved personal flotation device (life jacket) and protective helmet while participating in guided whitewater activities and where required with other activities. 3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless WWA from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of WWA's equipment or facilities, including any such claims which allege negligent acts or omissions of WWA. 4. Should WWA or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. 5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have. 6. In the event that I file a lawsuit against WWA, I agree to do so solely in the state of Pennsylvania, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against WWA on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at WWA. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against WWA on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at WWA. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
Dated: November 15, 2024
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